Legal Opinion

In re Hicks

District Court, N.D. New York

Decided January 5, 1905PublishedCited by 13 opinions

In Equity. Application for an injunction enjoining and restraining Patrick Caulfield and James Caulfield, creditors of said bankrupt, and John P. Quigley, chief of the fire department of the city of Syracuse, N. Y., and also such others as may be aiding and abetting, from further prosecuting against said bankrupt, Allen M. Hicks, who is a member of the fire department of the city of Syracuse, N. Y., the charge “that the said Allen M. Hicks has been guilty of neglect of…

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In Equity. Application for an injunction enjoining and restraining Patrick Caulfield and James Caulfield, creditors of said bankrupt, and John P. Quigley, chief of the fire department of the city of Syracuse, N. Y., and also such others as may be aiding and abetting, from further prosecuting against said bankrupt, Allen M. Hicks, who is a member of the fire department of the city of Syracuse, N. Y., the charge “that the said Allen M. Hicks has been guilty of neglect of duty.” The specification under such charge is “that said Allen M. Hicks has thus far failed to pay a bill of $37.10 held by…

1Opinion of the Court

RAY, District Judge.

The bankrupt, Allen M. Hicks, is a member of the fire department of the'city of Syracuse, N. Y., and has been for a long time. At some time and for some reason not appearing, charges were preferred against said Hicks, and he was suspended from duty, and, it would seem, removed from his position as fireman. However this may be, his suspension and removal were declared illegal by the Supreme Court of the state of New York, and Hicks was restored to duty, not long before the institution of this proceeding. His pay as fireman is $75 per month, and his illegal suspension from…

2Cases cited2 opinions

  1. In re StevensonDistrict Court, D. Delaware · 1899
  2. Wagner v. United StatesCourt of Appeals for the Sixth Circuit · 1900

3Cited by13 opinions

  1. Kesler v. Department of Public Safety of UtahSupreme Court of the United States · 1962
  2. Fantozzi v. Board of Fire & Police CommissionersIllinois Supreme Court · 1963
  3. In Re HurdUnited States Bankruptcy Court, W.D. Michigan · 1980
  4. In re Home Discount Co.District Court, N.D. Alabama · 1906
  5. Rutledge v. City of ShreveportDistrict Court, W.D. Louisiana · 1975

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